Challenging Field Sobriety Tests: Your Legal Rights and Options

Getting pulled over and asked to take a field sobriety test is scary stuff. Those flashing lights in your rearview, the stern look on the officer’s face as they ask you to walk the line and follow the pen with your eyes—it’s enough to make anyone nervous, even if you haven’t had a single sip of alcohol.

But just because an officer asks you to take a field sobriety test doesn’t mean you have to submit. These roadside tests are voluntary, and you have every right to politely decline. That said, refusing comes with its own set of risks that you need to weigh carefully before making a decision.

In this article, we’ll break down everything you need to know about challenging field sobriety tests—from your legal rights to the pros and cons of refusing. We’ll also give you some tips on other ways you can fight the charges if you do end up taking (and failing) the tests. Let’s dive in!

Your Rights When Pulled Over

Before we get into the specifics of field sobriety tests, it’s important to understand your basic rights when getting pulled over. Here are some key things to keep in mind:

• The officer needs reasonable suspicion to pull you over. They can’t just randomly stop vehicles for no reason.
• You are not required to consent to a search of your vehicle without a warrant. Politely refuse any requests to search your car.
• You have the right to remain silent. You don’t have to answer questions beyond basic info like your name and address.
• You have the right to consult with an attorney before answering substantive questions. Ask to speak to your lawyer.
• You are not required to take field sobriety tests. They are completely voluntary.

Knowing your rights is power! Having a basic understanding of what the police can and can’t legally do will help you stand up for yourself if you ever end up in this unfortunate situation.

Should You Refuse Field Sobriety Tests?

Alright, now that we’ve covered the essentials, let’s get into the meat of this article: should you refuse field sobriety testing or not?

On the one hand, refusing seems like an obvious no-brainer. After all, if you don’t take the tests, you can’t fail them, right? Not so fast. Turns out, refusing comes with its own share of risks that you need to consider.

Here are the main pros and cons you need to weigh when deciding whether or not to refuse field sobriety testing:

Pros of Refusing:

• Results can’t be used against you in court. If you don’t take the tests, there are no results for the prosecution to introduce as evidence of intoxication.
• No video footage of you struggling to walk the line. The officer’s dash cam only catches you politely standing up for your rights.
• Buys you time. Refusing may give your body extra minutes to metabolize alcohol before an evidentiary chemical test.

Cons of Refusing:

• Gives the officer probable cause to arrest you. In many states, refusal can be treated as a sign of guilt all on its own.
• License suspension. Refusing field tests means you’ll face automatic driver’s license suspension in most states.
• Makes you look guilty in front of a jury. If arrested, your refusal can still be introduced to imply you had something to hide.
• No chance to fight the charges later. If you refuse, you lose the ability to contest the officer’s subjective judgment of your impairment.

As you can see, there are compelling arguments on both sides. There’s no one “right” choice—you’ll have to think carefully about your specific situation. And don’t forget, even if you do refuse the field sobriety tests, you may still face further chemical testing back at the station.

Tips for Taking (and Failing) Field Sobriety Tests

Okay, so you weighed the pros and cons and decided to go ahead and take the field sobriety tests. Now what?

Just because you go through with the roadside tests doesn’t mean all hope is lost if you fail. Here are some tips for making the most out of field sobriety testing:

• Be polite, but assert your rights. Make it clear the tests are being done voluntarily.
• Ask for a re-test if nerves get the best of you. Officers often allow a second try if the first one doesn’t go well.
• Point out conditions that could impact your performance – bad weather, uneven surface, etc.
• Film the tests on your phone to document if the officer makes mistakes in administering them.
• Get a blood test immediately after to challenge breathalyzer results.
• Work with a skilled DUI lawyer to contest the officer’s subjective judgments of your impairment.
• Challenge whether the officer adhered to standardized procedures for the tests. Any deviations can help your case.
• File a motion to suppress the results if the officer lacked reasonable suspicion to pull you over in the first place.

While field sobriety tests are designed to trip up even sober drivers, hope is not lost if you fail. With the right legal strategy, you can still beat the charges and protect your driving privileges.

Digging Into Specific Field Sobriety Tests

By this point, you’re probably wondering—what exactly are these field sobriety tests officers ask you to perform? And what are some specific ways to challenge them? Let’s take a closer look at a few of the most common roadside tests.

The Horizontal Gaze Nystagmus (HGN) Test

This test requires you to follow a stimulus like a pen or flashlight with your eyes as the officer moves it back and forth horizontally. They are looking for involuntary jerking of the eyes known as nystagmus, which can indicate intoxication.

Ways to challenge the HGN test:

• Question the officer’s training in administering HGN. If not properly certified, the results can be tossed.
• Point out conditions like lighting, weather, or your elevated blood pressure that could cause nystagmus even when sober.
• Note any discrepancies between the officer’s testimony and the actual dash cam footage of your eye movements.
• Have an optometrist examine your eyes to see if medical conditions like astigmatism could explain the jerking.

The Walk-and-Turn Test

This dexterity test requires you to walk heel-to-toe along a straight line for nine paces, pivot, and return back along the line. Officers look for signs like stumbling or using your arms for balance.

Ways to contest the walk-and-turn:

• Challenge whether the officer properly explained and demonstrated the test before asking you to perform it.
• Note if weather conditions made it hard for anyone to walk heel-to-toe in a straight line.
• Point out conditions like knee or inner ear problems that could impact your balance when completely sober.
• Question any discrepancies between the officer’s testimony and the dash cam video evidence.

The One-Leg Stand Test

For this test, you are required to stand on one leg while counting aloud for 30 seconds. Officers look for hopping, swaying, using your arms to balance, or miscounting the time.

Strategies for challenging the one-leg stand:

• Note if the officer didn’t give clear instructions on how to perform the test properly before asking you to do it.
• Argue that the time limit is unreasonable – few people could stand on one leg for 30 seconds without teetering or miscounting, sober or not.
• Point out conditions like prior injuries, vertigo, or other medical problems that could impact your performance.
• Compare the officer’s description of your counting and balance to the reality shown on the video evidence.

As you can see, while these field sobriety tests are designed to detect impairment, there are many avenues for challenging the accuracy and fairness of the results. Don’t give up hope if you failed—with the right legal strategy, you can still beat the charges.

Other Defenses Against DUI Charges

Beyond challenging the field sobriety tests themselves, here are some other legal defenses you can raise against DUI charges:

• Question whether the officer had reasonable suspicion for the initial traffic stop. If not, all evidence stemming from the unlawful stop can be suppressed.
• Challenge the results of the roadside breathalyzer test. They are notoriously unreliable compared to evidentiary chemical tests.
• Dispute whether the officer properly maintained and calibrated the breath testing equipment. Faulty devices can produce inaccurate results.
• Argue that your blood alcohol concentration was rising between the time of driving and the later chemical test at the station. Absorption rates can create this discrepancy.
• Present evidence that you consumed alcohol shortly before driving, explaining the chemical test results. Drinks you had right before driving may not have entered your bloodstream yet while behind the wheel.
• Raise alternate explanations for any erratic driving, like swerving to avoid an obstacle in the road. Poor driving does not always equate to impairment.

Don’t Give Up Hope!

Being pulled over and asked to take field sobriety testing is a scary, high-pressure situation. The flashing lights in your rearview, the officer’s stern gaze—it’s enough to make anyone anxious and unsure of their rights. But don’t give up hope if you find yourself in this unfortunate scenario.

Know that you have the right to refuse the voluntary roadside tests, and even if you do take them, there are still numerous ways to fight the charges if you fail. So take a deep breath, stand up for your rights, and make sure you have the number of a skilled DUI attorney on speed dial. With the right legal strategy, you can beat these charges and protect your driving privileges.

We hope this overview gave you a better understanding of how to challenge field sobriety testing. And remember—stay safe out there, but also stay informed about your legal rights! Driving is a privilege we all need to take seriously.